"While it is true that the appellant has served much of the custodial component of his sentence, this must be balanced against the fact that the appellant has brought his appeal grossly out of time," Justice Mazza said.

Duckworth cited medical conditions, but the judge said it was the duty of prison authorities to properly manage and treat them.

"With respect to him, I am unable to conclude, on the material that has been given to me at this stage, that any of the grounds of appeal are strongly arguable," Justice Mazza said.